Full Text of HB4870 100th General Assembly
HB4870enr 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by adding Section | 5 | | 22-33 as follows: | 6 | | (105 ILCS 5/22-33 new) | 7 | | Sec. 22-33. Medical cannabis. | 8 | | (a) This Section may be referred to as Ashley's Law. | 9 | | (a-5) In this Section, "designated caregiver", "medical | 10 | | cannabis infused product", "qualifying patient", and | 11 | | "registered" have the meanings given to those terms under | 12 | | Section 10 of the Compassionate Use of Medical Cannabis Pilot | 13 | | Program Act. | 14 | | (b) Subject to the restrictions under subsections (c) | 15 | | through (g) of this Section, a school district, public school, | 16 | | charter school, or nonpublic school shall authorize a parent or | 17 | | guardian or any other individual registered with the Department | 18 | | of Public Health as a designated caregiver of a student who is | 19 | | a registered qualifying patient to administer a medical | 20 | | cannabis infused product to the student on the premises of the | 21 | | child's school or on the child's school bus if both the student | 22 | | (as a registered qualifying patient) and the parent or guardian | 23 | | or other individual (as a registered designated caregiver) have |
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| 1 | | been issued registry identification cards under the | 2 | | Compassionate Use of Medical Cannabis Pilot Program Act. After | 3 | | administering the product, the parent or guardian or other | 4 | | individual shall remove the product from the school premises or | 5 | | the school bus. | 6 | | (c) A parent or guardian or other individual may not | 7 | | administer a medical cannabis infused product under this | 8 | | Section in a manner that, in the opinion of the school district | 9 | | or school, would create a disruption to the school's | 10 | | educational environment or would cause exposure of the product | 11 | | to other students. | 12 | | (d) A school district or school may not discipline a | 13 | | student who is administered a medical cannabis infused product | 14 | | by a parent or guardian or other individual under this Section | 15 | | and may not deny the student's eligibility to attend school | 16 | | solely because the student requires the administration of the | 17 | | product. | 18 | | (e) Nothing in this Section requires a member of a school's | 19 | | staff to administer a medical cannabis infused product to a | 20 | | student. | 21 | | (f) A school district, public school, charter school, or | 22 | | nonpublic school may not authorize the use of a medical | 23 | | cannabis infused product under this Section if the school | 24 | | district or school would lose federal funding as a result of | 25 | | the authorization. | 26 | | (g) A school district, public school, charter school, or |
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| 1 | | nonpublic school shall adopt a policy to implement
this | 2 | | Section. | 3 | | Section 10. The Compassionate Use of Medical Cannabis Pilot | 4 | | Program Act is amended by changing Section 30 as follows: | 5 | | (410 ILCS 130/30) | 6 | | (Section scheduled to be repealed on July 1, 2020)
| 7 | | Sec. 30. Limitations and penalties.
| 8 | | (a) This Act does not permit any person to engage in, and | 9 | | does not prevent the imposition of any civil, criminal, or | 10 | | other penalties for engaging in, the following conduct:
| 11 | | (1) Undertaking any task under the influence of | 12 | | cannabis, when doing so would constitute negligence, | 13 | | professional malpractice, or professional misconduct;
| 14 | | (2) Possessing cannabis:
| 15 | | (A) except as provided under Section 22-33 of the | 16 | | School Code, in a school bus;
| 17 | | (B) except as provided under Section 22-33 of the | 18 | | School Code, on the grounds of any preschool or primary | 19 | | or secondary school;
| 20 | | (C) in any correctional facility; | 21 | | (D) in a vehicle under Section 11-502.1 of the | 22 | | Illinois Vehicle Code;
| 23 | | (E) in a vehicle not open to the public unless the | 24 | | medical cannabis is in a reasonably secured, sealed, |
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| 1 | | tamper-evident container and reasonably inaccessible | 2 | | while the vehicle is moving; or
| 3 | | (F) in a private residence that is used at any time | 4 | | to provide licensed child care or other similar social | 5 | | service care on the premises; | 6 | | (3) Using cannabis:
| 7 | | (A) except as provided under Section 22-33 of the | 8 | | School Code, in a school bus;
| 9 | | (B) except as provided under Section 22-33 of the | 10 | | School Code, on the grounds of any preschool or primary | 11 | | or secondary school;
| 12 | | (C) in any correctional facility;
| 13 | | (D) in any motor vehicle;
| 14 | | (E) in a private residence that is used at any time | 15 | | to provide licensed child care or other similar social | 16 | | service care on the premises; | 17 | | (F) except as provided under Section 22-33 of the | 18 | | School Code, in any public place. "Public place" as | 19 | | used in this subsection means any place where an | 20 | | individual could reasonably be expected to be observed | 21 | | by others. A "public place" includes all parts of | 22 | | buildings owned in whole or in part, or leased, by the | 23 | | State or a local unit of government. A "public place" | 24 | | does not include a private residence unless the private | 25 | | residence is used to provide licensed child care, | 26 | | foster care, or other similar social service care on |
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| 1 | | the premises. For purposes of this subsection, a | 2 | | "public place" does not include a health care facility. | 3 | | For purposes of this Section, a "health care facility" | 4 | | includes, but is not limited to, hospitals, nursing | 5 | | homes, hospice care centers, and long-term care | 6 | | facilities;
| 7 | | (G) except as provided under Section 22-33 of the | 8 | | School Code, knowingly in close physical proximity to | 9 | | anyone under the age of 18 years of age;
| 10 | | (4) Smoking medical cannabis in any public place where | 11 | | an individual could reasonably be expected to be observed | 12 | | by others, in a health care facility, or any other place | 13 | | where smoking is prohibited under the Smoke Free Illinois | 14 | | Act;
| 15 | | (5) Operating, navigating, or being in actual physical | 16 | | control of any motor vehicle, aircraft, or motorboat while | 17 | | using or under the influence of cannabis in violation of | 18 | | Sections 11-501 and 11-502.1 of the Illinois Vehicle Code;
| 19 | | (6) Using or possessing cannabis if that person does | 20 | | not have a debilitating medical condition and is not a | 21 | | registered qualifying patient or caregiver;
| 22 | | (7) Allowing any person who is not allowed to use | 23 | | cannabis under this Act to use cannabis that a cardholder | 24 | | is allowed to possess under this Act;
| 25 | | (8) Transferring cannabis to any person contrary to the | 26 | | provisions of this Act;
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| 1 | | (9) The use of medical cannabis by an active duty law | 2 | | enforcement officer, correctional officer, correctional | 3 | | probation officer, or firefighter; or | 4 | | (10) The use of medical cannabis by a person who has a | 5 | | school bus permit or a Commercial Driver's License.
| 6 | | (b) Nothing in this Act shall be construed to prevent the | 7 | | arrest or prosecution of a registered qualifying patient for | 8 | | reckless driving or driving under the influence of cannabis | 9 | | where probable cause exists.
| 10 | | (c) Notwithstanding any other criminal penalties related | 11 | | to the unlawful possession of cannabis, knowingly making a | 12 | | misrepresentation to a law enforcement official of any fact or | 13 | | circumstance relating to the medical use of cannabis to avoid | 14 | | arrest or prosecution is a petty offense punishable by a fine | 15 | | of up to $1,000, which shall be in addition to any other | 16 | | penalties that may apply for making a false statement or for | 17 | | the use of cannabis other than use undertaken under this Act.
| 18 | | (d) Notwithstanding any other criminal penalties related | 19 | | to the unlawful possession of cannabis, any person who makes a | 20 | | misrepresentation of a medical condition to a physician or | 21 | | fraudulently provides material misinformation to a physician | 22 | | in order to obtain a written certification is guilty of a petty | 23 | | offense punishable by a fine of up to $1,000.
| 24 | | (e) Any cardholder or registered caregiver who sells | 25 | | cannabis shall have his or her registry identification card | 26 | | revoked and is subject to other penalties for the unauthorized |
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| 1 | | sale of cannabis.
| 2 | | (f) Any registered qualifying patient who commits a | 3 | | violation of Section 11-502.1 of the Illinois Vehicle Code or | 4 | | refuses a properly requested test related to operating a motor | 5 | | vehicle while under the influence of cannabis shall have his or | 6 | | her registry identification card revoked.
| 7 | | (g) No registered qualifying patient or designated | 8 | | caregiver shall knowingly obtain, seek to obtain, or possess, | 9 | | individually or collectively, an amount of usable cannabis from | 10 | | a registered medical cannabis dispensing organization that | 11 | | would cause him or her to exceed the authorized adequate supply | 12 | | under subsection (a) of Section 10.
| 13 | | (h) Nothing in this Act shall prevent a private business | 14 | | from restricting or prohibiting the medical use of cannabis on | 15 | | its property.
| 16 | | (i) Nothing in this Act shall prevent a university, | 17 | | college, or other institution of post-secondary education from | 18 | | restricting or prohibiting the use of medical cannabis on its | 19 | | property.
| 20 | | (Source: P.A. 98-122, eff. 1-1-14 .)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.
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